Davidson v. Sprengel [1909] ScotLR 413 (06 February 1909)

Davidson v. Sprengel [1909] ScotLR 413 (06 February 1909)

The action is irrelevant because the tenant had occupied the premises for nearly six months, had ample opportunity to observe the alleged danger, made no complaint, and was not induced to remain by any promise to repair. The principle of volenti non fit injuria applies, barring recovery.

Citation
[1909] ScotLR 413
Parties
Pursuer: Charles Roy Davidson; Defender: Richard Sprengel
Jurisdiction
Scotland
Judgment Date
06 February 1909
Procedural Posture
Reparation (damages) / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome
action dismissed as irrelevant; defender assoilzied
Legal Topics
Negligence, Landlord's Liability, Occupier's Liability, Volenti Non Fit Injuria, Relevancy of Pleadings
Tort Landlord and Tenant Negligence Landlord's Liability Occupier's Liability Volenti Non Fit Injuria Relevancy of Pleadings

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Parties

Charles Roy Davidson

Pursuer

Richard Sprengel

Defender

Procedural Posture

Reparation (damages) / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Is a landlord liable in damages to a tenant for the death of the tenant's child caused by an allegedly dangerous gas bracket on a common stair?
  2. 2 Does the tenant's knowledge and acceptance of the alleged danger bar recovery?
  3. 3 Are the pleadings sufficiently specific to establish relevancy?

Ratio Decidendi

The action is irrelevant because the tenant had occupied the premises for nearly six months, had ample opportunity to observe the alleged danger, made no complaint, and was not induced to remain by any promise to repair. The principle of volenti non fit injuria applies, barring recovery.

Court Disposition

action dismissed as irrelevant; defender assoilzied

Orders

  • Court adhered to Lord Ordinary's decision dismissing the action.